EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Pacific Erectors, Inc. - decision after reconsideration

Employer-subcontractor was cited for a regulatory violation of section 341.1(a) [permit for construction of building more than three stories high] after a permit inspection revealed that the general steel erection contractor had received a permit for the activity, but the decking subcontractor Employer had not. The Board affirmed and adopted the ALJ's decision which found that Employer was not required to obtain a section 341.1(a) permit. The general contractor for the structure had obtained a permit, and the general contractor was the employer "most directly involved" in the section 341(a) enumerated dangerous activity. Only one employer at the construction site of a building higher than three stories, the one "most directly involved" in the dangerous activities, is required to acquire a section 341.1(a) permit for such activities. Once the Division exercised its discretion and issued a permit, the Division could not thereafter cite another employer at a multi-employer worksite for failing to have obtained a permit for the same activity.

Pacific Erectors, Inc., 01-1885 version

March 4, 2005